Determining who was at fault is one of the most important steps in pursuing a personal injury claim in Washington State. However, fault isn’t always black and white; sometimes, more than one person shares responsibility. That’s where comparative negligence laws come into play. These laws allow injured victims to recover compensation even if they were partially responsible for what happened.
If you’ve been hurt in a car accident, slip and fall, or other type of incident in Washington, knowing how these rules apply to your situation can make a major difference in your case’s outcome.
What Is Comparative Negligence?
Comparative negligence is a legal principle that divides financial responsibility among all parties involved in an accident based on their share of the fault. Rather than completely barring recovery for victims who may have made a mistake, the law ensures that compensation is adjusted fairly according to each person’s level of responsibility.
Under Washington’s comparative negligence statutes, you can still recover damages even if you were partly to blame for your own injuries. However, the amount you can receive may be reduced by your percentage of fault.
For instance, if your damages total $100,000 but you were found to be 25% responsible for the accident, you would still be able to recover $75,000. This approach aims to make compensation proportional while still holding negligent parties liable.
Washington’s Pure Comparative Negligence Rule
Washington is one of only a few states that follows a pure comparative negligence model. This means there’s no threshold that cuts off your right to recover damages, no matter how high your percentage of fault may be.
Theoretically, if you were 90% responsible for an accident, you could still potentially recover 10% of your total damages. While that may seem unusual, the rule reflects Washington’s belief that every party should be accountable for their share of the harm.
However, insurance companies often use this rule to reduce their liability by arguing that the victim was mostly to blame. For that reason, it’s crucial to have an experienced personal injury attorney respond to those kinds of allegations on your behalf.
How Comparative Negligence Works in Real Life
Comparative negligence can apply in almost any type of personal injury claim. Consider the following examples:
- A driver rear-ends another vehicle, but the victim’s brake lights weren’t working properly. Both parties could share fault.
- A shopper slips on a wet floor, but security footage shows they were running through the store at the time. Their own carelessness may contribute to the outcome.
- A bicyclist is hit by a car after drifting outside a marked bike lane, but the driver was speeding. Both may share partial responsibility for the crash.
In each situation, compensation is adjusted to reflect the injured person’s share of fault. Oftentimes, the available evidence in question (such as eyewitness reports, physical evidence, and expert analysis) can dramatically impact how these cases ultimately conclude.
Contact a Washington Personal Injury Attorney for Legal Help
Washington’s comparative negligence system is one of the most victim-friendly in the country, but that doesn’t mean you’ll automatically receive all of what you’re entitled to under the law.
If you were injured in an accident anywhere in Washington State, contact the Tacoma injury lawyers at Sears Injury Law for a free consultation by calling (253) 286-7444 or by filling out our contact form. We work on a contingency fee basis, which means we only get paid if you do.
